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The U.S. Attorney's Office for the Northern District of California reports that DOJ & InterMune, Inc. have entered into a deferred prosecution agreement (see press release here). Purusant to this agreement, the biopharmaceutical company agreed to "pay nearly $37 million to resolve criminal charges and civil liability in connection with its illegal promotion and marketing of its drug Actimmune (Interferon gamma-1b)." The agreement calls for a deferred prosecution of a criminal Information that charges the company with "one count of violating the Food, Drug, and Cosmetic Act (FDCA), 21 U.S.C. 331(k), by promoting, with intent to defraud or mislead, its drug Actimmune for the treatment of idiopathic pulmonary fibrosis (IPF), a condition for which Actimmune has not been approved by the Food and Drug Administration (FDA)." The settlement is a global one (see company press release here).